Health Information Management

Tips regarding business associates and new HIPAA laws

HIPAA Weekly Advisor, August 3, 2009

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Business associates (BAs) who handle PHI need to get cracking in order to comply with the HIPAA Security Rule and the use and disclosure provisions of the privacy rule as the February 18, 2010 deadline approaches.

Last week, HIPAA Weekly Advisor offered some tips for regarding BAs and covered entities. Here is one more:

Run a gap analysis on covered entity contracts. The Health Information for Economic and Clinical Health (HITECH) Act is new, and existing contracts will probably leave gaps. “We haven’t been in this world before,” says John R. Christiansen, an information technology lawyer at Seattle’s Christiansen IT Law. “Find your gaps and what you will do about them.” You may want to wait for further regulations before you finalize your contracts. However, start now by consulting your legal team. You may need to provide a contract in the future, but the onus now is only on the covered entity, according to current law.

Editor's note: These tips were taken from the HCPro, Inc. white paper, Business Associates and HIPAA: What BAs need to know to comply with HIPAA privacy and security rules. Download a free copy of the full white paper. You can purchase an audio CD of HCPro, Inc.'s July 29 audio conference, Business Associates and Covered Entities: Adapt Contracts to Comply With New HIPAA Law.

These tips also appeared in a HealthLeaders Media article by Dom Nicastro.

Look for more tips in next week’s HIPAA Weekly Advisor.



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